? Also what if i want to want to visit on 4/1/2002 for 1 week. Do I have to restart my one year after my return on 4/8/02 or I can continue counting my one year from 11/15/01 with 1 week extension.

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Q179 I transferred my VISA from Company 'A' to Company 'B' and after having worked with 'B' decide to return to 'A'. Is it possible to return back to 'A' and start working on the old VISA? In case it can be done are there any legal procedures that i have to follow to return to 'A' in terms of adjusting my visa status again or whatever? Or can I start working with them right away just the way I was earlier. In case I intend to return to company 'A' do they have to run a payroll for me in 'A'.

A179 Yes. as long as company A has not revoked your H-1. You can start right away. There are no legal procedures as far as immigration law is concerned. Only after you join.

Q180 I am a H4 visa holder from India.Since the Social security administration does not issue social security number for H4 visa holders ,I am not able to get my drivers license,as the motor vehicle administration insists on SSN for issuing driving license.What are the options available for me to get drivers license.

A180 This is a real problem. But try looking into an alternative with the state Motor Vehicles Department. Some of them may permit you get some sort of temporary ID based upon which a license may be obtained.

Q181 Can I start labor certificate application before obtaining my H1 approval? Or is it necessary to have H1 approval before the LC process?

A181 You can start at any time.

Q182 I have a Masters in Computer Science from the US and I am currently on my OPT. MY OPT expires in August. I would like to apply for H4 since my husband is on H1. If I find a job as soon as I get my H4 visa, is it true that I cannot tranfer my visa to H1 for the first six months after I get my H4?

A182 That is NOT true. There is no time limit.

Q183 My wife is on H4.Her H1B visa was approved on Sept. 19th 2001.She went to India on vacation on 25th Nov. 2001.She entered back in USA on 11th April on original H4.Her I-797 approval has I-94 card at the bottom.So, in order to start working and to be on company's payroll, she does she need to go to Mexico to get the visa stamped.Or can she join the company and start working today. Will she get the stamping done when she visits India next time?

A183 Incorrect. If she reentered on H-4, after the approval of the H-1, she can NOT start work right away. She is back on H-4. To convert to H-1, she will have to apply to USCIS (INS) or go abroad, get an H-1 visa stamp and reenter USA on H-1.

Q184 Why is that the processing times during some months appear to slide backward, instead of going forward?

A184 The Department of Labor can often get flooded with applications above and beyond what they are capable of handling. During such times there back log naturally increases.

Q185 What if my H1 TRANSFER gets approved while I am in India.. Will I be able to come back and then quit my old company join the new one which I got H1approved. OR should I have to get H1- multiple entry in India?

A185 If your H-1 transfer is approved while you are in your home country, have the original approval notice sent to you. You will not need a new visa. When you enter USA, show USCIS (INS) the old visa AND the NEW approval notice.

Q186 What would happen when the condition is from H4 to H1 . Does this mean if we re enter again after having filed for change of status a whole new H1 has to be filed and the previous H1 becomes invalid?

A186 If you enter USA on an H-4 visa after H-1 approval, you ARE on H-4. There are only two ways to convert this back to H-1. Leave USA, get an H-1 visa, reenter on H-1 OR ESSENTIALLY apply for H-1 all over again.

Q187 Does an H-4 nonimmigrant alien continue to remain in valid nonimmigrant status as long as the principal alien remains in a valid nonimmigrant status?

A187 The status of the H-4 visa holder is dependent on the status of the principal H-1 holder. In order to be in status the dependent must have a valid I-94 at all times. Persons who are out of status at the time of filing for an extension, will not have their applications approved with USCIS (INS), unless they are able to justify late filing. If a person cannot justify a late filing of an extension, he will have to apply for his visa in his home country.

It should be noted that persons who are in unlawful status for significant periods of time (181 days or more) may be subject to new grounds for inadmissibility upon their departure from the US. Such persons are ineligible for nonimmigrant or immigrant visa issuance for three to ten years, depending on the length of the period of unlawful presence.

Q188 I am holding H1 visa and will be laid off on 12/17/02.My husband is holding H1 visa, and I will apply for H4. His H1 visa is from 08/01/02 to 07/31/05.What should be the beginning date and end date for my H4 visa?

A188 H-4 beginning date should be 12/18/02 (the day after you get laid off). End date should be 07/31/05 (the date your husband's current H-1 expires. (Posted on 01 November 2002)

Q189 My spouse has her H4 approval notice. (not her H4 visa). However her last name does not appear correct. Her last name has been stated as my first name. I want to make this correction. Can you please advice me as to what I should be doing? Should I write a letter to the USCIS (INS) describing to them their mistake? Will this take care of it or do I need to do anything special?

A189 If the mistake was made by you or your lawyer, you have to file an amendment, which is just like filing a new case. If USCIS (INS) made a mistake, they will correct it with a letter. (Posted on 08 November 2002)

Q190 My brother's visa was refused based on clause 214(b). What is 214(b)? And can we re apply?

A190 Hard to overcome. 214(b) rejection means the consulate thinks the visa applicant wants to live permanently in USA. Therefore, they will not give him a temporary visa (nonimmigrant visa). Only H-1 and L-1 visas are immune to this problem. All other nonimmigrant visas have this problem to some degree. So if your brother were ever to get an H or L visa, he should not have 214(b) type problem. (Posted on 18 November 2002)

Q191 I have a question regarding the counting of 6 years on H1 visa.Is it counted from the date of stamping (or) is it counted from the date of landing in U.S.? Its beacause I had my stamping on November 21st, 1997, but arrived in U.S. on Jan 12th, 1998.

A191 It is counted from the date of landing in USA. (Posted on 20 November 2002)

Q192 A friend of mine has misplaced her I 94 when they filed for the extention. Her husband's H1 with I94 and the kids I94 is intact. The copy of the application for the extension is with her.In case the husband is looking for a change in job, will this matter affect? How long will it take to get a duplicte I94?

A192 No problem. They can apply to USCIS (INS) for a replacement I94 (even as a part of an H-1 application). (Posted on 22 November 2002)

Q193 In the H1 visa application form DS156 there is a questiion-"Has anyone ever filed a visa petition on your behalf?" Do I answer "Yes" as soon as a labor petition has been filed as part of my green card processing, or only at a later stage of the green card process?

A193 Yes only if I-140 or I-130 has been filed. Otherwise, "no." (Posted on 26 November 2002)

Q194 I am in US on an H-4 visa. I recently got a job offer and the employer has filed for H-1b. The petition is pending for approval .I wish to travel abroad but my friends are of the view that one should not travel overseas if your petition is pending for approval.Please advise.

A194 When pending H-1 conversion from another status, it is best to not travel outside USA. But check with your own lawyers regarding the facts of your case. (Posted on 26 November 2002)

Q195 If the Board of Nursing issues a temporary licence, will USCIS (INS) accept the temporary licence, or do I have to wait for the actual licence?

A195 USCIS (INS) Regulations state : "Where licensure is required in any occupation, including registered nursing, the H petition may only be approved for a period of one year or for the period that the temporary licence is valid, whichever is longer, unless the alien already has a permanent licence to practice the occupation. An alien who is accorded H classification in an occupation which requires licensure may not be granted an extension of stay or accorded a new H classification after the one year unless he or she has obtained a permanent license valid in the same state for the period of the requested extension." (Posted on 26 November 2002)

Q196 If the candidates for H1-B do not have to show the proofs of binding ties to their home country, do their dependents (applicants for H-4) need to show the proof of the same?

A196 No they do not. Same rule applies to H-4/L-2. (Posted on 03 December 2002)

Q197 In the US, on my H1, can I own (buy) house (or any property) on my name and on my spouses H4, can we own (buy) house (or any property) on her name.

A197 Nothing in law stops you, but it may be difficult to get a home loan. So if you can find a lender, go ahead. (Posted on 05 December 2002)

Q198 Do you receive a new I-94 when you have your visa revalidated in the US?

A198 No, the I-94 that was issued along with your latest H-1 Approval Notice,is your valid I-94. (Posted on 09 December 2002)

Q199 Due to the fact that I was out of status for 2 months, my I-797 Approval Notice for company B was issued without an I-94. 1. Can I reapply for another H-1B extension with this I-797, in order to try and get a I-94? 2. Will filing Form I-102 solve the problem?

A199 1. You are not eligible to work in the US if your H-1 approval was issued without an I-94. This means that you will most probably be required to go to a consulate in your home country to apply for the H-1 visa, after which you will receive an I-94 at the port of entry upon your return to the US. After you have received the I-94 you will be eligible to work in the US. 2. Filing Form I-102 will not solve your problem. This form is used to replace lost, mutilated or destroyed I-94's. (Posted on 09 December 2002)

Q200 How long before my H-1 expires, can I apply for an extension?

A200 You can file for an extension 6 months before the expiration date of your current H-1. (Posted on 09 December 2002)

Q201 I lost my original I-94 which I have received at the port of entry to the US. I have applied for an extension of status, and received an I-797 approval notice from the USCIS (INS) with an I-94 attached. Will I be able to travel outside the US with this latest I-94 which I have received from USCIS (INS), or do I need to apply for a replacement for the lost I-94?

A201 The I-94 that was issued with your latest I-797 approval notice, is the valid I-94, which you must use. There is no need to apply for a replacement of the previous I-94 which got lost. (Posted on 09 December 2002)

Q202 My H-1 6th year period is expiring in March 2003. USCIS (INS) granted my H-1 extension until January 2004. Will I be in status until January 2004, or must I apply for the 7th year extension before March 2003.

A202 As this was an oversight on the side of USCIS (INS), you should apply for the 7th year extension before the expiration of your 6 year period. (Posted on 09 December 2002)

Q203 I am on H-4 visa and my visa expires on Dec 30 2002, my husband got his new H1 B visa (changed his company) which is valid till Feb 2005 and is in status now. Is it true that "H-4 nonimmigrant alien (Myself) continues to remain in valid nonimmigrant status as long as the principal alien (my husband) remains in a valid nonimmigrant status".

A203 As long as your H-4 I-94 is valid AND your H-1 holding spouse is maintaining his status, you are in status. His change of employers does not affect you. (Posted on 17 December 2002)

Q204 1.I am on an H-1 visa. All my immigration papers were stolen. What should I do? 2.Can one obtain a replacement visa from within the U.S.?

A204 1.You will need to perform the following steps: a. Apply for replacement passport. Contact in U.S. the consulate of your country of citizenship and request issuance of a replacement passport. b. Apply for duplicate H-1 Approval Notice. Have your Emplo